Interstate arbitration as a means to resolve boundary disputes. Special reference to the Rann of Kutch case between India and Pakistán

Interstate arbitration has historically been a central mechanism for resolving international disputes. Its significance dates back to the 1794 Jay Treaty and key conventions such as the Hague Conventions of 1899 and 1907. Over time, it has functioned as a pivotal alternative to the use of armed force, bridging the Grotian tradition of The Law of War and Peace with the movement toward achieving peace through law. Arbitration has helped shape contemporary international legal principles through its application by international tribunals. It has proven to be a valuable, efficient, and legitimate tool for the international community. As a mechanism, it offers a flexible legal procedure governed by established rules, while allowing parties to design a tailor-made process suited to their specific dispute, including the right to appoint their own adjudicators. Notable historical examples include the “Mixed Tribunals” established by post-World War I peace treaties, which significantly contributed to the development of international law. The recent resurgence of interstate arbitration reflects a growing trend, marked by an increase in State-to-State disputes. In a world of escalating geopolitical tensions and territorial conflicts, arbitration continues to play a vital role in preventing the escalation of disputes. Research indicates that arbitration is consolidating its position as the most suitable method for resolving legal conflicts between States, particularly in boundary and territorial matters. This relevance is exemplified by the Indo-Pakistan Western Boundary dispute (Rann of Kutch case), which was administered by the Permanent Court of Arbitration (PCA).

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